People v. Tejeda CA4/3

Filed 3/27/15 P. v. Tejeda CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050029

v. (Super. Ct. No. 12CF0066)

JUAN GERARDO TEJEDA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Richard M. King, Judge. Affirmed. Jeffrey S. Kross, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Randall D. Einhorn and Martin E. Doyle, Deputy Attorneys General, for Plaintiff and Respondent. * * *

A jury convicted defendant Juan Gerardo Tejeda, a transgendered female, of committing a lewd and lascivious act upon Jose M., who was 14 years old on the date 1 of the sexual offense. (Pen. Code, § 288, subd. (c)(1); count 3.) On appeal defendant contends there is insufficient evidence to support the lewd conduct conviction and the conviction should be reduced to the lesser offense of attempted lewd conduct. We find substantial evidence supports defendant’s conviction and therefore affirm the judgment.

FACTS

On December 20, 2011, defendant was 30 years old and lived in an apartment across the street from a church parking lot. That afternoon, six teenage boys, including 14-year-old Jose M., were skateboarding in the parking lot. While Jose M. and the other boys were skateboarding, they saw defendant standing on her balcony across the street. Defendant motioned with her hand toward the boys in a way that suggested she wanted them to do a trick with their skateboards. Jose M. thought defendant wanted one of them to ride their skateboard down the church stairs, which is a trick called an “ollie.” Some of the boys told another boy, Bryan T., to “show his private part” to defendant if he completed the skateboard trick. Bryan T. landed the trick and flashed his